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GARCIA v. ROBERTS

No. F054234.

173 Cal.App.4th 900 (2009)

___ Cal.Rptr.3d ___

OMEGA GARCIA, Plaintiff and Respondent, v. RONALD G. ROBERTS et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

The Law Office of John Derrick and John Derrick for Defendants and Appellants.

McCormick, Barstow, Sheppard, Wayte & Carruth, William H. Littlewood and Nicholas C. Miller for Plaintiff and Respondent.

OPINION

KANE, J. —

Plaintiff Johnny G. Garcia brought suit for breach of oral contract, fraud and related causes of action when defendants Ronald G. and Sherry Roberts allegedly reneged on their agreement to allow plaintiff to purchase certain real property located in Sanger, California. Plaintiff claimed during discovery that his agreement was based solely on an oral loan arrangement, not a written contract. Plaintiff died prior to trial...

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